Telangana High Court
Haji Mastan Ramzan Shaikh vs The State Of Telangana And 2 Others on 29 June, 2022
Author: Shameem Akther
Bench: Shameem Akther, Juvvadi Sridevi
THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
AND
THE HON'BLE SMT.JUSTICE JUVVADI SRIDEVI
WRIT PETITION No.19560 OF 2022
ORDER:(Per Hon'ble Dr. Justice Shameem Akther) Sri Haji Mastan Ramzan Shaikh, the petitioner/detenu, has filed this Habeas Corpus petition, challenging the detention order vide No.C2/108/2022 dated 27.01.2022, passed by the respondent No.2, whereby, the detenu was detained under Section 3(2) of the Telangana Preventive Detention Act, 1986 (Act 1 of 1986), and the consequential confirmation order vide G.O.Rt.No.883, General Administration (Spl.(Law & Order)) Department, dated 21.04.2022, passed by the Chief Secretary to Government, General Administration (Spl.(Law & Order)) Department, Government of Telangana.
2. Heard the learned counsel for the petitioner, learned Assistant Government Pleader for Home representing the learned Advocate General appearing for the respondents and perused the record.
3. Learned counsel for the petitioner would submit that the impugned detention order was passed by relying on a recent Dr.SA,J & JS,J 2 W.P.No.19560 of 2022 solitary crime registered against the detenu viz., Crime No.275 of 2021 of Railway Police Station, Secunderabad, registered for the offence under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act'). The total quantity of ganja seized from the possession of the accused in the said crime is 54 kgs. The detenu is A-3 in the said crime. The respondent No.2 also passed detention order against A-1 in the said crime and the same was confirmed by the Government. Challenging the said orders, A-1 filed W.P.No.18176 of 2022 before this Court and after examining the contentions raised by both the sides, vide order, dated 20.06.2022, this Court allowed the said Writ Petition by setting aside the detention order as well as the confirmation order passed against A.1 and ultimately, prayed to set aside the impugned detention order and the consequential confirmation order passed against the detenu.
4. Learned Assistant Government Pleader for Home did not dispute the submission made by the learned counsel for the petitioner.
5. As seen from the material placed on record and the submissions made, it is clear that the detention order as well as the confirmation order passed against A-1 in the said Crime Dr.SA,J & JS,J 3 W.P.No.19560 of 2022 No.275 of 2021 of Railway Police Station, Secunderabad, were already set aside by this Court vide order, dated 20.06.2022, passed in W.P.No.18176 of 2022. Moreover, the impugned detention order was passed without adhering to the requirements/ mandate given under Section 3(2) of the Telangana Act 1 of 1986 and by relying on solitary crime registered for the offence punishable under Section 20 (b)(ii)(C) of the NDPS Act, which do not add up to disturbing the public order and it is only a law and order problem. Under these circumstances and since the facts and circumstances of the present case are akin to the facts and circumstances in W.P.No.18176 of 2022, the impugned orders are liable to be set aside.
6. In the result, the Writ Petition is allowed. The impugned detention order vide No.C2/108/2022 dated 27.01.2022, passed by the respondent No.2, and the consequential confirmation order vide G.O.Rt.No.883, General Administration (Spl. (Law & Order)) Department, dated 21.04.2022, passed by the Chief Secretary to Government, General Administration (Spl. (Law & Order)) Department, Government of Telangana, are hereby set aside. The respondents are directed to set the detenu, namely, Haji Mastan Dr.SA,J & JS,J 4 W.P.No.19560 of 2022 Ramzan Shaikh S/o. Ramzan Shaikh, at liberty forthwith, if he is no longer required in any other criminal case.
The Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. There shall be no order as to costs.
______________________ Dr. SHAMEEM AKTHER, J _____________________ JUVVADI SRIDEVI, J Date: 29.06.2022 scs